Dermatitis Compensation Claims
Dermatitis is a medical term that relates to a number of different skin conditions, with varying severity of symptoms. The condition is associated with inflammation of the skin and sufferers can be left extremely uncomfortable, in pain and unable to carry out normal daily activities because of the illness. There are two types of dermatitis that a person may suffer and these are known as Allergic Contact Dermatitis and Irritant Contact Dermatitis. Many people are diagnosed with the condition as a child, and the symptoms disappear with age. However, some cases present lifelong symptoms, and these can begin from adult years.
Various working conditions are known to be the cause of diagnoses of the illness in adults and when your employer is liable for you developing the condition, you are likely to be eligible to make a claim for dermatitis compensation.
Work-related dermatitis or occupational dermatitis may be caused by exposure to irritants such as dusts, enzymes or chemicals at the workplace. If you work in an industry which involves you working in direct contact with these substances and if you have not been provided with proper protective equipment or training relating to the correct safety measures to employ, you may be at risk of developing work-related dermatitis.
Some of the common causes of occupational dermatitis include contact with oils, fungi and plants, coolants, soaps and chemicals. The range of occupations that we have worked with for dermatitis claims includes hairdressers, hospital staff, factory workers, printers, cleaners, kitchen workers, engineers and mechanics. But no matter what type of environment or profession you work in, if you have developed dermatitis and you feel that your employer was at fault, call 0800 678 1410 today for a free case assessment. A fully trained legal adviser can let you know within minutes if you have a valid claim.
There are different forms of dermatitis that can be diagnosed and understanding which type you have can help to prove the cause of the condition, which will be invaluable in seeking compensation from your employer. The following are the different types of dermatitis:
- Allergic Contact Dermatitis involves reaction with antibodies and allergens
- Irritant Contact Dermatitis is caused as a result of being exposed to detergents and other irritating chemicals
- Atopic Dermatitis is an allergic type reaction which causes asthma, dry skin and hay fever
- Stasis Dermatitis mostly occurs on the lower legs
- Dyshidrotic Dermatitis occurs on the feet and hands and is characterised by deep blisters, scaling and redness
- Seborrheic Dermatitis occurs on the scalp, head, upper chest and neck
- Autosensitization Dermatitis results from fungal infections
- Lichen Simplex Dermatitis is usually caused as a result of scratching an area of the skin for a prolonged period.
Am I eligible to make a claim?
To be eligible to make a claim, you must be able to prove that you have or had dermatitis and that your employer was liable for the development of the condition. For example, perhaps your job role involves working with chemicals and your employer didn’t provide you with the correct training or safety equipment.
All UK employers have a legal responsibility to their staff to ensure that measures are in place to provide a safe working environment. This means that employers are responsible for carrying out risk assessments of the workplace to ascertain whether staff are vulnerable to the chances of illness or injury because of the employment setting. Employers are legally required to carry out such risk assessments on a regular basis to recognise potential risks and hazards to their staff. Once assessed, they must remove vulnerabilities completely or put in place suitable safety measures to protect employees.
If dermatitis is brought on by non-fault exposure to an irritant or allergen or because your employer has not put in place adequate safety measures to protect you in the workplace, your solicitor will be able to prove liability.
Part of the regulations detailed for employers includes adequate training and awareness of potential risks for employees. Your employer is legally responsible for ensuring that all staff are provided with training on the risks associated with their job and that they are offered relevant protection to counteract safety vulnerabilities.
If your employer has not made adequate provisions for safety issues within the workplace, not trained you properly with regards to risks and protection or has not maintained adequate workplace risk assessments and as a result, you have developed dermatitis, you will be eligible to make a claim for injury compensation.
What will I need in order to make a successful claim?
In order to make a successful claim for compensation, your solicitor will need to prove your diagnosis as well as the liability for the condition. This means that they will work closely with you to gather relevant documentation and evidence to support your claim. Some of the most useful and common evidence that your solicitor will aim to gather includes:
- Medical records and reports relating to the severity and prognosis of your condition
- A copy of your company accident record if dermatitis was caused by a single event and was logged in the accident book
- Proof of the cause of the condition, including evidence that inadequate safety provisions have been employed. This may include photographic evidence, supporting witness statements or copies of poor training guidelines, etc.
- Written copies of the employer’s health and safety procedures
The amount of compensation that you are awarded will depend upon the severity of your condition and the strength of your evidence. The solicitor will guide you through the best ways to obtain all relevant evidence and will build as strong a case as they can to achieve the maximum compensation possible on your behalf.
Contact a solicitor today to arrange a free, no-obligation consultation where they can discuss your case and provide you with a likely settlement award based on your individual circumstances.